- (1.) This writ petition is directed against the issuance of a charge-sheet as also the order of suspension. The petitioner was appointed as a trainee in Bird & Co. Ltd. in the year, 1967 and thereafter promoted to the post of Staff Supervisor and continued to remain in such post upto the year, 1969 when he was further promoted to the post of Assistant. During the period of service as Assistant, the petitioner was in receipt of increment from year to year anti said to have an unblemish conduct. On and since 25th October, 1980 M/s Bird & Company turned out to be a Government of India Undertaking through under the name and style of "Bharat Process & Mechanical Engineers Ltd". The petitioner however was continued. In service on the same terms and conditions as were had with M/s. Bird & Co Ltd.
(2.) The petitioner's case is that in the month of July, 1983 the petitioner was asked to visit and visited on official work the State of Bombay. The petitioner stayed there till 7th August, 1983. Subsequently, the petitioner was again asked to visit Bombay for official business on 10th October, 1983 and stayed there till 6th November, 1983. In accordance with the usual procedure the petitioner obtained the advance and said to have duly accounted for the same on his return to Calcutta.
(3.) On 14th May, 1984 the petitioner was served with a charge-sheet being Memorandum No. GH(W) CS/84 HKC dated 14.5.84 issued by the by the Central Manager (Works) on behalf of the respondent no 1. It would be pertinent to set out the extract of the charge-sheet : "You have submitted two bills for reimbursement of Travelling expenses for the period of journey of 25/5/83 to 7/9/83 and 10/10/83 to 6/11/83. In your bill for 25/7/83 to 7/9/83 you hare falsely claimed air fare from Bombay to Calcutta amounting to Rs. 1135/- though the same has been paid by Bombay office vide their Debit Note No. CV/1082 dated 5/9/83 towards cost of Air Ticket No. 0581/6780644 from Bombay to Calcutta for journey on 7/9/83 and the said air ticket was received by you on 7/9/83 from our Bombay office. In your bill for 10/10/83 you have falsely claimed lodging charges for ; Rs 1025.45 against Bill No. 19897 dated 19/10/84 of Y.W.C.A. International Guest House Bombay for the period from 15.10.83 to 21.10.83, though the same was paid by Bombay office of our Company ride Bill No. 002 dated 19.10.83 for Rs. 1025.45 of Y.W C.A International Guest. House your staying from 15.10.83 to 21.10.83. The Bill No..................... dated 19.10.83 bears your endorsement dated 24.10.83 for payment. By your above mentioned acts and commission you have committed fraud, dishonesty, cheating, breach of trust and misappropriation of Company's money.";